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Update: Government Abandons Current "No Match" Rule Harmful to Legal Workers (11/24/2007)

Homeland Security Department to Issue Revised Rule Still Relying on Flawed Social Security Database

SAN FRANCISCO – The Department of Homeland Security (DHS) abandoned its attempt to enforce its proposed "no match" rule that would improperly use social security records for immigration enforcement. In a late Friday afternoon court filing the day after Thanksgiving in federal court in San Francisco, DHS requested that a lawsuit challenging the rule be put on hold until March 2008. The government plans to publish a revised rule in December 2007 that it claims will pass legal muster.

The lawsuit was brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the American Civil Liberties Union, the National Immigration Law Center (NILC) and labor groups to block the proposed "no match" rule which would require employers to penalize or fire U.S. citizens and legal workers whose social security numbers don't match up with the Social Security Administration (SSA) database. The lawsuit charges that the SSA database is fundamentally flawed and error-prone, and that the rule would result in the firing of countless legal workers as well as discrimination against those who look or sound "foreign."

Full ACLU press release : http://www.aclu.org/immigrants/workplace/32870prs20071124.html

Court Blocks Government From Implementing Social Security "No Match" Rule

On October 10, 2007, a federal judge in San Francisco barred the Bush administration from threatening to prosecute businesses for knowingly employing illegal immigrants if they fail to fire workers whose Social Security numbers don't match government records. U.S. District Judge Charles Breyer issued a nationwide preliminary injunction barring the government from enforcing the so-called no-match rule, which was scheduled to take effect last month but was blocked by temporary restraining orders from Breyer and another judge. The court order remains in effect until a suit by labor unions challenging the rule goes to trial sometime next year or until a higher court intervenes. The rule, if implemented, "would result in irreparable harm to innocent workers and employers," Judge Breyer ruled.

Press statement by the National Immigration Law Center (NILC), one plaintiff organization.

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